Accelerated Possession Order

breaking_free

Hi all.

I left a jointly tenanted property back in January due to domestic violence. My name is still on the lease as the landlord would not remove it.

The tenancy expired on October 18th, but my ex-partner is refusing to move out and is 3 months behind with the rent. I incorrectly served notice to quit during the fixed term (not legally valid), so I'm still going to be on the hook for rent until December 18th when my valid notice to quit will come into effect.

The landlord has already served a section 8 and a section 21 notice.

Today my ex-partner received an Accelerated Possession Order.

The landlord wants his back rent (and quite rightly so). My understanding of the Accelerated Possession Order is that it can only be used to gain possession when rent arrears are NOT being claimed - the landlord must use the Standard Possession Procedure, no? I think the landlord has issued the Accelerated Possession Order in error unless there is some circumstance that I'm not aware of that gives him the right to do this.

The papers were served on my ex-partner at my old address. My landlord knows I left due to domestic abuse, but I have not told him that my ex-partner and I are not in contact (the police have cautioned the ex not to contact me, but he ignores it). The thing is, my ex-partner says that I have to fill in the form by Monday at the latest. How can the landlord expect me to fill in a form I have not received? Yes, I am named on the form, but no I have not been served with a copy.

Now to be fair, the landlord doesn't know my new address, but then again he has never asked me for it in the 8 months we've been exchanging emails.

So two questions here:

1. Is the Accelerated Possession Order valid if the landlord is also claiming rent arrears?

2. What are my rights/responsibilities in filling out the form when I don't have a copy of it? I can NOT go round to my previous address without a police escort and the landlord has not contacted me to let me know that the form has been issued (although to be fair he might contact me tonight?).

Thanks in advance.

jjlandlord

What are you trying to achieve here?

silvercar

so I'm still going to be on the hook for rent until December 18th when my valid notice to quit will come into effect.

Are you sure this doesn't also require you (both) to offer vacant possession to the landlord to be valid? I don't see how you can expect a landlord to accept a NTQ if there is still a tenant living in the property.

The thing is, my ex-partner says that I have to fill in the form by Monday at the latest. How can the landlord expect me to fill in a form I have not received? Yes, I am named on the form, but no I have not been served with a copy.

What form are you talking about?

How do you expect the landlord to serve you a copy if you don't give him your address? Is the landlord obliged to serve each tenant individually the form, even though you are on a joint tenancy agreement.

I appreciate that this is a difficult situation for you, but the landlord doesn't have to make himself party to your domestic situation. If you want copies of whatever is served to the tenants and the property address, you need to make a way for him to do so.

theartfullodger

YOU need to serve notice to quit (in writing, keep copy). This will end the tenancy for you - and him. You do not need his agreement.


'Phone Shelter helpline 0808 800 4444

Good luck!

silvercar

theartfullodger wrote: »

YOU need to serve notice to quit (in writing, keep copy). This will end the tenancy for you - and him. You do not need his agreement.

Really? What happens if he doesn't move out?

jjlandlord

theartfullodger wrote: »

YOU need to serve notice to quit (in writing, keep copy). This will end the tenancy for you - and him. You do not need his agreement.

She did, apparently.

theartfullodger

Oops! jj correct, she has already served NTQ ...

silvercar wrote: »

Really? What happens if he doesn't move out?

Then the landlord still needs a possession order I think, but the tenancy has ended... not certain of the procedure...
e.g.

House of Lords

Hammersmith and Fulham LBC v Monk, 1992, Service of NTQ by one joint tenant terminates tenancy.

There are other cases... notable the other week, 12th November, "Sims v Dacorum DC" at the Supreme Court (!!).
http://www.dacorum.gov.uk/home/news/all-news/2014/11/17/sims-v-dbc-supreme-court-judgement

breaking_free

What I'm trying to find out is if the landlord's accelerated possession order is valid. I now have an update to that - the landlord has emailed to say he's going to claim rent arrears in the small claims court.

So that clears up question number 1: the accelerated possession order is valid if the landlord isn't claiming rent arrears at this time.

Question 2 is how am I supposed to sign an accelerated possession form I haven't received? I would have expected the landlord to ask for my address, which I would have supplied, and then to send me a copy.

theartfullodger

Accelerated PO is for Section 21 only: A "no fault" eviction route that can be used against a perfect tenant.

Rent arrears claimed through court is a separate legal action. Sadly as joint tenant you are liable for ALL the outstanding rent, until the tenancy is ended (as is the other joint tenant).

There may be reasons landlord's paperwork is incorrect & invalid (eh is deposit was not protected within 30 days, if dates are wrong.., it was wrongly worded - not all joint tenants...) but from your position don't object - the sooner the tenancy is ended the better (either through court or your valid NTQ).

Best regards & good luck!

carefullycautious

If you are in contact with the landlord via email why have you not asked him to send the form to you at your address. If you don't want him to know your address could a family member receive it for you.


You can then fill the form in and send to him.

breaking_free

It seems that a copy of the accelerated possession form is not available. The landlord wrote this to me in his latest email.

"You both have 2 weeks to respond to the court notice. I do not have a copy of the notice as it was sent recorded delivery to the flat from the court. There were two copies sent, one for each tenant."

So it seems like I'll have to go round to my old flat with a police escort to collect my copy. Not fun.:(